In a recently issued Commission Opinion, the ITC affirmed ALJ Bullock's application of the Federal Circuit's rule that a quantitative analysis must be performed in order to determine whether a complainant has satisfied the economic prong of the domestic industry requirement under Section 337(a)(3). In the Matter of Certain Carburetors and Products Containing Such Carburetors, Inv. No. 337-TA-1123, Comm'n Op. (Oct. 28, 2019) (citing Order 77 (Aug. 12, 2019). We have previously reported on different ways that complainants can satisfy the domestic industry standard, and how declining domestic investments may still qualify as significant.
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